Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

The draft terms of reference were prepared. There was a significant number of meetings between Women of Honour, me and the Attorney General. In the earlier question, I listed the amendments that we had taken on board as a result of those meetings with Women of Honour. I would make the point that we agreed on a range of issues. If the Deputy wishes, I will list them again.

That the statutory inquiry would be by way of public inquiry was Women of Honour’s first big request. We discussed the pros and cons and agreed to it. We accepted an amendment on the addition of physical torture, physical assault and psychological harm and the definition of “abuse”, and these are now in the terms of reference. Another amendment involved the inclusion of the Protected Disclosures Acts, 2014 and 2022, and the definition of “complaints processes”. The investigation of whether complaints were actively deterred was sought, and I believe that was fair. Whether there was a culture that discouraged the making of complaints is in the terms of reference. The provision of safeguards for serving members who give evidence to the tribunal is included, as is the provision of a waiver in respect of non-disclosure agreements. The tribunal may permit evidence of abuse and the consequences of abuse to be heard and there is provision for an investigation of the response to the use of hazardous chemicals within the Air Corps headquarters.

Also, the draft terms of reference were expanded following consultation with stakeholders, especially with the Women of Honour group, to include investigations of whether complaints of abuse were actively deterred or if there was a culture that discouraged the making of complaints. This will allow the tribunal, and this concerns the Deputy's earlier point about incidents, to investigate allegations where an individual claims they did not pursue their complaint through the process due to, for example, their fears of repercussions.

There was a fear that if a complaint had not been made that this would mean someone could not go before the tribunal. This has been dealt with and it is in the terms of reference. The chair, the judge, is absolutely clear that all cases that come before the tribunal will be heard. Obviously, though, the tribunal cannot make findings in relation to criminal matters that are before the courts.

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